When it comes to marriage, it`s always a good idea to consider a prenuptial agreement. If you`re looking to create such a document in Florida, you`ll need to know about the relevant statutes.
The Florida Statutes cover prenuptial agreements in Chapter 61.079, which lays out the legal requirements for these agreements. Essentially, a prenuptial agreement is a contract between two parties who are planning to get married. This contract outlines how property will be distributed in the event of a divorce or separation.
One of the most important things to know about prenuptial agreements in Florida is that they must be signed by both parties in the presence of a notary public. Additionally, each party must provide a full financial disclosure to the other before the agreement is signed.
There are also certain provisions that cannot be included in a prenuptial agreement in Florida. For example, child custody and child support cannot be determined in advance through a prenuptial agreement. Any provisions that violate public policy or criminal law are also not enforceable.
In order for a prenuptial agreement to be considered valid and enforceable in Florida, both parties must enter into the agreement voluntarily and with a full understanding of its terms. The agreement must also be fair and reasonable at the time it is signed, and cannot be unconscionable.
If you`re planning to create a prenuptial agreement in Florida, it`s important to work with an experienced attorney who can help you understand your rights and obligations under the law. With proper guidance, you can create an agreement that protects your interests and provides you with peace of mind.